Senate Bill 2687

(As Sent to Governor)

AN ACT TO RESERVE TO THE LEGISLATURE ANY REGULATION OF
CONSUMER INCENTIVE ITEMS AND NUTRITION LABELING FOR FOOD THAT IS A MENU ITEM IN
RESTAURANTS, FOOD ESTABLISHMENTS AND VENDING MACHINES; TO SPECIFY THAT THE ACT
WOULD NOT AFFECT THE FEDERAL REGULATION OF NUTRITION LABELING UNDER EXISTING
FEDERAL LAW; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1.
(1) As used in this act:

(a) "Food
nutrition information" includes, but is not limited to, the caloric, fat,
carbohydrate, cholesterol, fiber, sugar, potassium, protein, vitamin, mineral,
sodium, and allergen content of food. "Food nutrition information"
also includes the designation of food as healthy or unhealthy.

(b)
"Political subdivision" means any county, municipality, town,
district, instrumentality of the state, public corporation, body corporate,
commission, board, agency, authority, public body, politic or other public
entity responsible for governmental activities in geographic areas smaller than
that of the state.

(c)
"Consumer incentive item" means any licensed media character, toy,
game, trading card, contest, point accumulation, club membership, admission
ticket, token, code or password for digital access, coupon, voucher, incentive,
crayons, coloring placemats, or other premium, prize or consumer product that
is associated with a meal served by or acquired from a food service operation.

(2) The regulation of
consumer incentive items and nutrition labeling for food and nonalcoholic beverages
that are menu items in restaurants, retail food establishments, and vending
machines is reserved to the Legislature and may be regulated only by
legislation of statewide application enacted after the effective date of this
act. The regulation of the provision of food nutrition
information and consumer incentive items at food service operations and how
food service operations are characterized are matters of general statewide
interest that require statewide regulation, and rules adopted under this section
constitute a comprehensive plan with respect to all aspects of the regulation
of the provision of food nutrition information and consumer incentive items at
food service operations in this state. Rules adopted under this act shall be
applied uniformly throughout this state.

(3) No
political subdivision shall do any of the following:

(a)
Enact, adopt or continue in effect local legislation relating to the provision
or nonprovision of food nutrition information or consumer incentive items at
food service operations;

(b)
Condition any license, permit or regulatory approval upon the provision or
nonprovision of food nutrition information or consumer incentive items at food
service operations;

(c) Ban,
prohibit, or otherwise restrict food at food service operations based upon the
food's nutrition information or upon the provision or nonprovision of consumer
incentive items;

(d)
Condition any license, permit or regulatory approval for a food service
operation upon the existence or nonexistence of food-based health disparities;

(e)
Where food service operations are permitted to operate, ban, prohibit, or
otherwise restrict a food service operation based upon the existence or
nonexistence of food-based health disparities as recognized by the department
of health, the institute of health, or the centers for disease control.

(f) Restrict
the sale, distribution, growing, raising or serving of foods and nonalcoholic
beverages that are approved for sale by the USDA or other federal or state
government agencies.

(4) This act shall not be
interpreted as being more restrictive than any federal law or affecting
in any manner the regulation of the nutrition labeling of food that is a menu
item in restaurants, retail food establishments, and vending machines pursuant
to the federal Food, Drug and Cosmetic Act, 21 USC 343(q)(5)(H).

SECTION 2. This act
shall take effect and be in force from and after its passage.